12Health and safety committees

12 Health and safety committees

(1)  A health and safety committee that is –

(a) established under section 26 of the former Act; and

(b) in existence immediately before the commencement day –

is taken to be a health and safety committee for the purposes of the new Act.

(2)  If the composition of the health and safety committee referred to in subsection (1) is inconsistent with the requirements for a health and safety committee under section 76 of the new Act, the membership of that committee must be changed, within 12 months of the commencement day, so that the composition of the committee complies with section 76 of the new Act.

(3)  If the membership referred to in subsection (2) is not changed within 12 months of the commencement day to comply with section 76 of the new Act, the person conducting the business or undertaking or the workers at the workplace may ask the regulator to appoint an inspector to decide the appropriate composition of the committee.